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deepika (student)     22 April 2013

Forcefully mutual divorce

Hi,

(In Brief) I belong to a middle class family,  I have my mom and 2 younger bro. I married in may 2011, it was an arranged intercaste marriage. From the first day my in laws torture me, they demanded money, because they thought our only son is well educated Dr., So they thought that they would expect a handsome money being single daughter. They were expecting a luxirious car. So from very first day they started torturing me and everyday their demands were increased like money, Honda city car, property for clinic etc…. but my mom stopped hearing their demands. Because of this my mother in law started harassing me mentally, physically and emotionally. But my husband never supported me. They always fought with me and always be on their side. Every times families and relatives settled the things. Everyone advised me all will be settled down with time.

After some time they demand for property for opening up clinic for your daughter (for me). But settlement was reached that we took clinic place on rent. All expenditure is bourn by my mom. from the day clinic opened my father in law started visitng me daily in pretext support me and telling about his family because in his family or even my husband doesn’t like him. He said u r like my daughter and you respect me. He always said I know my wife and my son tortured you a lot but don’t worry I m with you, you are my daughter, I love you more than your father. Most horrifying,  he starting kissing me or wanted to touch me……. Its very bad to me after refusing it and he went out and finally with in 15 days of these incident my clinic was closed and he started showing solidarity with mother in law and my husband, so I can really imagined that person was up to. After families, relatives and his lawyer sorted out the things it never happen again in future and after some time I(lawyer) arranged a separate house for  children. But after some time my husband refused I m the only son of my parents how can I leave my parents. I agree on that. But now situation is worsen for me, now my FIL against me and gave me lots of very foul and abusive language etc. All( My in laws and sister in laws) tortured me  lot. As a girl with no father, family, relatives’ pressure everyone said and taught me everything will be alright according to the time, my husband is sarif innocent man. Maa Baab hai kab tak rahege because my in-laws are senior citizens.

As soon as my husband got selected in IIM, they pressured for divorce and  because my husband has left the job & I will go for further studies and she is not my responsibility she is educated and  she earn her own & my in-laws said, that is our house & we don’t want she (I) live with them. They threw me out. We wait for their call and reply after days we file a complaint in women cell. After convincing or may in they are in fear or thinking about his future he agreed to keep me with him & in april12 they took me in hotel family accommodation and my in-laws said we have disown our son we don’t give any single penny from our property or assert to our son. I agreed I don’t want any money from them.

I was very happy with my husband but problems increased  when my in-laws force my husband don’t talk to me and my in laws don’t want to talk to me & my husband also don’t want to talk to my parents. Every weekend they force me I will went to my mother’s home & they went to his house. In hostel suddenly he is completely changed, earlier he is so rude to me now he is clam, but now he don’t want any child  so he doesn’t want to make relation with me & come late night, always away from the room, and pretend projects assignments are there. But other families and couples are also there.

In Aug12. they forced me to left him and went to my mother’s home. After asking he said to my uncle I’m impotent I have some problem. Earlier I checked to the doctor but doctor also said it is due to stress and it is not curable because it is not a disease. He never discussed all these with me. But he admits all these in front of my whole family and to his family also. But one thing I know is that he is erectile dysfunction but I never complaint.

Now chapter has closed my relatives (earlier who said everything will be alright) said now there is no hope and option now divorce is the solution. His family, his lawyer approached and forced us to give him divorce. My family agrees because they don’t want to go and fight the case against him they said we belong to cultured family.  Then mutual consent divorce was finalized by all and settlement was done of one time maintainace. They agreed to give all expenditure and expense which was spend during the marriage ceremony. In Oct 12 Due to lots of pressure I signed the paper and on first motion they gave me half money.

That time my husband also didn’t want divorce but both family wants and family pressure is more.My husband is totally mamma’s boy. He never takes his decision even small decision like eating. He is totally dependent person upon his mom and sisters.Meanwhile we (I and my husband) talk a lot and he said it’s not in my hand.

I love my husband a lot. I don’t want money.  We are not greedy person like my in laws. I am very upset. I’m confused what to do. Which I faced in my marriage and faced mental trauma I’m not ready for remarriage now I don’t trust people. If seriously I want the divorce then why I suffered and face that much tortured from my in laws and I don’t want divorce I want to live with my husband otherwise I want justice. Now my husband also wants divorce. It’s so easy to spoil anyone life because you have money or man, u want more money or new girl and to give divorce to first one and give maintainece. Because of this he spoil my life, my career and family happiness.  If I withdraw my case what will happen and now how can I get justice. Plz help me.

But I add one thing my marriage is not registered in india govt. On papers we both are still unmarried they never add my name on any documents (passport, ration card etc), in job, in any form etc…….and mutual divorce was filed by force and pressure, sepration was only of 1month and shown to the 1 year. its was a false statement. 



Learning

 15 Replies

Tajobsindia (Senior Partner )     22 April 2013

Two options you are suggested, pick one that suits your personal long term happiness out of the two.

(Suggested) option I:-

1.    Opt-in for Second Motion in Mutual Divorce and re-start life.

(Experimented) option II:-

1.    Opt-out during Second Motion in Mutual Divorce and either stay put as life is where is OR hire independently an Advocate found via reference and Chamber consult with h/er and seek ‘utopian Justice’.

Gaurav (consultant)     22 April 2013

Originally posted by : deepika




I love my husband a lot. I don’t want money.  We are not greedy person like my in laws. I am very upset. I’m confused what to do. 



 

  

God bless you lady.

There are very few like you. Most of these so called urban girls feels fun to file false cases and after few years of court cases they spoil their lives.

 

Better is to try talking to your husband and put all the facts very clearly in front of him and if you feel that he is not gonna change then better go for mutual divorce.

 

No point in wasting life running around courts


(Guest)

very sad to knw nightmare u have passed through, provided it is true.

the nature of ur in-law u explained here, i think everybody in home are aware of it. and the demand of this and that i assume ur husband also aware. then why didnot he raised his objection.

if demand from in-laws of boys are true then with help of law it is same true on girl side to take advantage of it. moreover now a days there are no. of cases which are come in light about its misuse.

pleased to know that u r exception to it. it requires inner strength.
come out and open and show your strength to world.

NOT TO SIGN even God self come to you to do so.

wish u best of luck in ur endeavour.


(Guest)

very sad to knw nightmare u have passed through, provided it is true.

fail to understand if you have strong proof with medical report in hand for divorce then instead of court why r u here in first place.
it is an open n shut case of divorce.

it shows something is cooking fishy.

fail to understand why i don't come across same type of posting of suffering of IMPOTENANCY  ; FRIGIDNESS ; non ability to fertile etc. etc. from ur huby.

chances r family of ur hubby may have also the SAME REASON ur family have.
pl. check.


(Guest)

fake MEDICAL REPORTS can be made to ruin one's married  life OR to justify the case. assume u r intelligent


(Guest)

hi,
this blog is to exchange & GET EXPERT opinion and not for giving decision.

ur personal matters.
he is IMPOTENT, GAY etc.
and counter
she is IMPOTENT, FRIGID, NON-FERTILE etc.

is not required while giving opinion.

sorry i forget abt ur bringing-up.

Reformist !!! (Other)     23 April 2013

He is a Doctor and going for IIM ???? Its confusing

Reformist !!! (Other)     23 April 2013

But why u r ready to lead ur life who is impotent, harrass u for dowry ?

How can one lead life with some one who is impotent ?? May be ur love is real then....

Naveen Kumar Shelar (Advocate & Legal Consultant)     24 April 2013

 

Dear Deepika,

It is sad to know, in a very short span of time you have to face all such mental pain.

You said in your averments you are upset, and you are confused what to do.  But in the very next line you answered your questions that you don't want remarriage you want to live with your Husband with his present situation.

See if you will go ahead with the option of Divorced, believe me you will not land up anywhere, as an Advocate I have experienced numerous of Family matters, after divorced the life wouldn't be much better, you herself admitted that your husband is also loving you at a point of time, so try to spark that love again, correction in Domestic relations much better solution than break it down.

Noting adverse would happen if you would withdraw your case, it would be better you put your point before the Hon'ble court to re institute your institution of marriage, both Advocate and Court want to maintain the domestic peace.

Love talk in a marriage relation is the pivot of happy married life.

 

Be free to call me @ 8586972636

Naveen Kumar Shelar

Advocate and legal Consultant

https://lexshelar.wix.com/firm

 

 

 

 

 


(Guest)
honey, in mutual consent divorce {MCD], while filing the case, both concerned parties alongwith their lawyers should be present to sign on MCD Case Paper before court authority. in short, it is MANDATORY for both of you to appear before court authority to sign the documents while filing the case.

good day (n.a.)     30 April 2013

"Earlier I checked to the doctor but doctor also said it is due to stress and it is not curable because it is not a disease. But one thing I know is that he is erectile dysfunction.

Erectile Dysfunction [ED] due to mental problem [say stress] should bound to cease once its tension is over.

it apparently seems tht ans. of physical issues r joined with mental issue.

in short, erectile dysfunction due to mental is temporary.

drsxprt (self)     01 May 2013

very sad to knw all this nightmare u hv experienced.

IMPOTENCY is found in both gender. no one is disclosed openly.
though in joking mood many people are at seldom to accept it on their own self. frm ur letter, it more or less it appear joke.

Erectile Dysfunction [ED] due to mental & physical.

physical only expert can tell after examine.
and
mental : let me tell u frm my experience it is most of time temporary provided it is not related to any mental severe diseases.

u better consult good s*xologist.

deepika (student)     04 May 2013

Thanks Everyone for your valuable time and comments.

But the point is, I need the suggestion that I want to live with my husband whom i love the most. Can you help me with valuable suggestion how can it be done as i have mentioned it earlier that this is bit different scenario.

Anjuru Chandra Sekhar (Advocate )     04 May 2013

Without your consent during second motion, court cannot grant Mutual Consent Divorce.  Convey to the Judge, I want to give one more opportunity to marriage and hence I withdraw from giving my consent to divorce.  You can withdraw from giving consent during second motion.  It is perfectly legal.  After that he will file for divorce under different sections and will contest his case.  It is called a "contested divorce".  You defend that case strongly.  In this process you can spend two years easily.  Apply for maintenance in the same contested divorce.  Or separately under Section 125 CrPC or under DV Act if he does not file any contested divorce petition.


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